
LIBRARY OF CONGRESS 



014 543 963 2 



391 



The Patriot Soldier vs, Tlie Unrepentant Rebel. 



SPE ECH 



v^' 



HON. WILLIAM T. CLARK, 



u 



OF TEXA.S, 



DUr.lVEKEiV 



IN THE HOUSE OF REPRESENTATIVE tS, 



MAT 13, 1872. *) 



WASHINGTON: 
F. & J. RIVES & GEO. A. BAILEY, 

REPORTERS AND PKINTKIIS OF THE DEBATKS OF CONQRESa. 

- .: ■.. 1872 



TvJy/ 



The Patriot Soldier vs. The Unrepentant Rebel. 



The House having ucder consideration the con- 
tested-election case of Giddings r». Clark, from the 
State of Texas — 

Mr. CLARK, of Texas, said: 

Mr. Speaker : I thank the chairman of the 
Committee of Elections [Mr. McCrary] for 
his courtesy. Under ordinary circumstances, 
sir, an attempt to change the vote of this 
House upon the unanimous report of the Com- 
mittee of Elections would be thought, to say 
the least, presumptuous. But my position in 
this case is such as to demand that 1 not only 
vindicate myself before my constituency and 
the country, but that I should also make one 
last effort in behalf of the loyal Governor of 
my State. For reasons which I have hereto- 
fore stated to the Uouse I have brought down 
upon me the personal vindictiveness and ani- 
mosity of the editor of one of the leading jour- 
nals of the country. From week to week, 
since my election, 1 have enjoyed the peculiar 
regard of his editorial columns. In the pres- 
ent crisis of political affairs it is natural, 
therefore, that my case should have been pre- 
judged, and while I do not desire to reflect in 
any manner upon the integrity and character 
of the Committee of Elections of this House, 
I cannot believe, taking everything into con- 
sideration, that 1 have been fairly dealt with. 
I had thought, sir, to enter into the details 
of the circumstances which have brought about 
the public and private denunciation of my- 
self on the part of the editor of the Tribune, 
but I can say nothing regarding that gentleman 
which has not been more ably said by the gen- 
tleman from Indiana, [Mr. Voorhees,] who, 
in his eloquent speech this morning, has, as I 
believe, so disposed of the old wliite-livered 
hypocrite that his name will never be mentioned 
hereafter by honest men except as a traitor to 
his party and his country. In the manly and 
complete exposure of this greatest pretender J. 
have some revenge to-day. 

I have one other source of pride and satis- 
faction. It is that my last vote in this House 



was cast in favor of the "civil rights bill," 
giving to the men who have been my friends 
from the first to the last all the rights and im- 
munities which they should long ere this have 
enjoyed. I know, sir, that the man who takes 
my place on this floor will religiously and con- 
sistently cast his vote every time against any 
measure which will place the American col- 
ored citizen on an equal footing before the 
law with those who have oppressed him for 
the last two hundred years. 

I have said, Mr. Speaker, that my case was 
a peculiar one, and has attracted the attention 
of the country for the last six months. The 
third congressional district of Texas is com- 
posed of twenty-four counties with an area 
almost as large as the State of New York. 
The greater portion of the wealth and busy 
life of the State is in that district. There, its 
most prominent politicians, business men, and 
railroad men reside. There was selected by 
the rebel Democracy the battle-tield in the con- 
gressional contest on the 3d, 4th, 5tb, and 6th 
days of October, 1871. There, to deieat the 
Republican candidate, was brought every ap- 
pliance of money, fraud, intimidation, armed 
violence, loss of employment, social and finan- 
cial ostracism. The canvass over, the returns 
in, it became the duty of the returning officers 
to issue the certificate to one of the candidates. 
It was not issued until afcer a careful review 
of the whole conduct of both parties during 
the election ; and those officers, upon the tes- 
timony before them, to which 1 shall hereafter 
refer, believed it their duty to certify to this 
House that 1 was elected by a majoriiy of the 
legal voters of the third congressional district 
of Texas. That certKicaie went, before your 
committee. They decided that I was entitled 
to my seat, and the House by a large majority 
sustained the action of the committee. 

Now, sir, that certificate of the Governor 
must stand until it is fairly impeached. If 
impeached, it will be an assurance to the rebel 
Democracy of Texas that whatever may be the 



registered majority, or the actual voting ma- 
jority of any district, they are at liberty liere- 
afier to use any means, however wicked or 
violent, to del'eat the Repulilican candidate, 
and It will find indorsement in this Congress. 

There are two points in this case to which 
I desire to call the attention of the House. 
First, the refusal of the committee to grant 
Hie further lime to establish the facts upon 
which this cerliticite was issued, at)d second, 
the report of the committee on the merits of the 
case. 

First, regarding the refusal of the com- 
mittee to grant further time, I aver that the 
same elements which were at work to defeat 
my election were constantly in force during 
the whole time given me to make this contest. 
The same men who hounded loyal persons to 
death in 1801, and who drove Governor Sam 
Houston 10 his grave, and who inaugurated 
their second rebellion in my canvass in 1871, 
and who were the conspicuous and shining 
lights, the friends of contestant, in their bitter 
determination to break down the Slate govern- 
ment, bring into contempt and pursue with 
hatred and ostracism every loyal man in the 
Slate, were the men who broufjht indictments 
against the Governor and other Slate officials, 
and against every county otficial or other per- 
son who was known to be my friend throughout 
the district, thus preventing my altorneys from 
securing that evidence which would fully have 
substantiated my answer to the notice of con- 
test given by the contestant. These indict- 
ments were procured by bribing grand juries 
even in the Federal courts ; and they ke|>t up 
this spirit of intimidation during the whole 
six'y days. These f<icis were brought to ray 
kiutwleiige for the first time on the ISih of 
March, it is charged by the honorable chair 
man of the commiitee that 1 have not used 
due diligence ; that 1 did not go to Texas my 
self. Sir, 1 had no reason, as I supposed, to 
go there, until that time. I had given my 
altorneys all the information necessary for 
coiiduciing the contest. Until 1 received 
about that date a letter written on the 11th, I 
had no knowledge thai testimony in my behalf 
could not be taken, and in this connection 1 
will ask the Clerk to read a portion of the tes- 
timony. 

The Clerk read as follows: 

Long Bottom, Fhkkstoxe Cointy. 
Aiiircli 11, 1S72. 
Sir: As yourfricmls, we thinkit tmr duty to ocjiu- 
uiunicatu to ynu tlio I'lict tiiat we have been iii- 
toriucd by iiiirtics who were iiiliiiiidiited at your 
election that tliey were much more iiilimidiited now 
to le.^til'y til that lad. One niau has been run out of 
the county to keep from (fivinK his testimony; and 
others leavioBol their own aocord to avoid their tes- 
timony, in tear of lo-iiiu' their lives .«hould they be 
compelled to testify to the truth. We would have 
given you this inloriuation licfore, hut lor tear that 
our nuiDus might be made |>ut)lic. AVe beg of you 
not to do this, but when eallud on in person we will 
turnish you with the uume» uf the purliesalluded to. 



"With much respect for you, and desire for your 
success, we are, res|)ectfully, 

Hon. W. T. Clauk, City of Wa»hington. 

BUENHAM, Tf..\as, Mnrch 11, 1S72. 
Dear Sir: Times are very unpropitious and men- 
acing here. I have never before witnes.-ed such cor- 
ruption and double-edged villainy as I have seen 
liere during the past two months. The drama that 
is DOW being enacted throughout this State by far 
excels the midnight machinations and Ku Klux 
n.<.siissinations of South and North Carolina and 
Mississippi, in this: that by corrupt judges and 
venal juries the Democracy, or the old leading reb- 
els of this State, e.\pect to accomplish their designs 
in ridding Tex;ii of the " scalawags " and " carpet- 
baggers." without resorting to open rebellion or 
Ku Klux bullets. 

It is to be much regretted that theleadingRepnb- 
licans of this State permitted the appointment of so 
many hitherto rebels to high judicial positions, for 
they might have known that they were only warm- 
ing adders to life, that would not lose an opportunity 
to strike ibeir poisoned and envenomed fangs into 
the very life of the Republican party. I myself at- 
tempted to prevent the appointment of some men to 
positions which they obtained, because I did not 
possess suBioient intiuence with IJovernor Davis to 
prevent it; but I take some little credit to myself in 
warning the Governor against these men, who have, 
since their appointments, done exactly what 1 pre- 
dicted they Would do, namely, betrayed the Kepub- 
lican party and made themselves the pliant tools of 
the old rebels. 

Since the election last fall nine tenths of our dis- 
trict judges have manifested a decided leaning to- 
ward the old rebel principles, and their reasons for 
so doing is because they believe that the coming elec- 
tion tins fall will give Texas a Democratic Legis- 
lature, who will redistrici the State and cut off the 
judicial heads of those judges who do their duty. 
Tnis cowardly and contumely treachery does not end 
with the judiciary, but it extends all the way down, 
in many instances to sheriffs and constables. 

By the aid of traitors, corrupt judges, and rebel 
juries, bogus true bills are tound against those Re- 
publican odicials who by neither threats nor money 
can be forced into corrupt measures. By a judicial 
Ku Kluxism Republicans will be forced to either 
leave the State or else take up arms in self-defense. 
Indictmeuls arc found and nearly written before 
defendants are arrested and forced into trials with- 
out witnesses. The sheriff summons a rebel jury 
and every rebel lawyer voluntarily prosecutes, and, 
as a matter of course, defendants are convicted ; then 
the rebel papers take it up and sing it throughout 
the entire Union as jiroof of the oorrui>tion of the 
so-called " carpet-bag and scalawag governments of 
the South." For fear that 1 have already been too 
tedious I will lor the present close, hoping that you 
will an.swer this immediately, and advise with your 
Republican friends of this State as to the proper 
course to be followed in preventing a Democratic 
reign of terrorism in Texas. I know you have the 
means and intiuence within yourself to turn the 
tables on scoundrels and traitors. 
RespectluUy, yours, • 

Hon. W. T. Clark, Citv o/ \\'ni,hinoion. 

P. S.— For full particulars of the condition of our 
Texas affairs I refer you to the Houston Union and 
Slate Journal, but not one half of the whole truth 
has been shown up. 

N. B.— Vou can use this letter a,s you may see 
proper. supjMcssing lor the present my name, il you 
should use it, or any portion of it, in any ol our 
[ Republican journals. 

j Mr. CLARK, of Texas. Upon these state- 
; ments being made 1 immediately left for Texas, 
! and learned that this system of iiiiimidation 
' organized by the contestant and his friends 



was more complete and effective than I had 
conceived. On my return I made my state- 
ment under oath to the committee, whicli is 
as follows: 

Deposition of W. T. Clark. 

W. T. Clark, contestee in the above entitled cause, 
being duly sworn, deposes and says : 

I have taken testimony in the counties of Grimes, 
Robertson, Brazos, and Harris, within the time 
specified, as I aui informed by my attorneys, all of 
which testimony has not yet reached here, although 
it is now en route. The reasons for not taking testi- 
mony in other counties are herein set forth. 

Immediately alter it was known thtit I had ob- 
tained my seat in the House, a combination veas 
formed among the friends of the contestant in my 
district to indict all otBcials, State and county, and 
a system of persecution inaugurated againstmy wit- 
nesses to prevent me from taking the testimony to 
sustain my answer to the notice of contest. This 
organized system extended to every county where 
I desired to take evidence. 

In Hill county the officers of election, with others 
who were known to be my witnesses, were indicted 
before the Federal grand jury in session at Austin, 
Travis county, Texas, on theiestimony of one Cham- 
bers, a witness for the contestant. The parties so 
indicted were all acquitted, and said Chambers was 
arrested and lodged in jail at Austin lor perjury in 
connection with these indictments. 

In Navarro county my principal witnesses were 
indicted by the grand jury of that county, after 
notice had been served that I would take testimony 
in that county, and after it was known that the 
testimony of the parties indicted would be taken in 
my behalf. These cases have not been tried. 

In (Jrimes county the registrar has been indicted 
by the grand jury of that county, although he was 
driven from the polls for fear of his life. It was 
known that he was a witness in my favor. This case 
has not yet been tried. 

In Harris county the officials, including the regis- 
trar, were indicted by the grand jury of that county 
for alleged election frauds, since which they have 
been tried and acauitted. They were known to be 
my witnesses. 

In Washineton county the system of persecution 
reached its climax, Brenham, the county seat of 
this county, being the residence of the contestant. 
My principal witness, F. A. Wilmans, the mayor ot 
the city, and one of the inspectors of election, was 
indicted by the grand jury of that county for alleged 
election frauds, was compel led to force his trial, and 
was promptly acquitted on the testimony of one of 
contestant's witnesses. It can be shown that other 
parties, against whom indictments were found in 
the same county, were promised dismissal of suit or 
acquittal if they would give their testimony in this 
cause in favor of the contestant. These indic'ments 
were procured while the contestant was taking tes- 
timony in Brenham. My witnesses were thus over- 
awed and intimidated from appenring and giving 
testimony. Threats of personal violence were used 
against them to keep them away. 

This system of indictments was kept up in Wash- 
ington county until, as I am informed, the contest- 
ant and his brother, J. D. Giddings, of the law firm 
of Giddiiigs & Giddings, of Brenham, were informed 
that indictments were about to be found agaiust 
them, when the grand jurj' was suddenly dismissed. 

Now that this system of persecution has been e.\- 
posed in the public press, recoiling on the heads of 
those conspirators, a greater feeling of security is 
manifested, and the witnesses are now willing to 
give their testimony, substantiating all the allega- 
tions in my answer to notice of contest. 

The indictments against the parties in the several 
counties herein referred to were for alleged election 
frauds, and were all against persons known to be 
those on whom I relied as witnesses in this contest. In 
no case in the entire district has a conviction been 
had. 

It will be observed that in the testimony taken 



by the contestant is the evidence of certain officials, 
whose affidavits and statements are herewith pre- 
sented in supportof theallegations herein contained. 

This system of intimidation of witnesses and elec- 
tion officers was inaugura;:ed during the absence of 
the Governor and secretary of State of Texas from 
the State on official business. An indictment was 
found by the Federal grand jury at Austin against 
the Governor and other returning officers for issu- 
ing the certificate of election to me. This fact was 
heralded throughout the State and county for the 
purpose of intimidating witnesses, and preventing 
me from establishing the allegations in my answer. 
It has transpired that the grand jury was packed by 
a conspiracy of lawyers, the friends of the contest- 
ant ; that two of the deputy marshals summoned 
themselves, with the connivance of saidconspir.itors 
and sat upon the grand jury for the purpose of pro- 
cu'-ing the said indictment. 

The records of the court show that this grand jury 
was bribed; thatoneof the bribed grand jurors was 
captured in attempting to escape into Mexico; has 
since forfeited his bond, his bondsmen being the 
attorneys and friends of the contestant. This ex- 
posure of the wicked machinations of the conspira- 
tors who had determined to make it impossible for 
me to tiike the required testimony has produced a 
healthy reaction throughout the district and State. 

All these acts of intimidation of witnesses and 
threats of violence, all theseconspiracies and com- 
binations, were inaugurated and carried into effect 
and keptup during thesixty days allowed for taking 
testimony in thiscase, norcould they be exposed and 
met, so as to restore a feeling of personal safety to 
my witnesses within the time. 

It will be ^howrl that the contestant took his testi- 
mony, as a rule, in the several counties while the 
court WAS being held and the grand jury in session, 
and these indictments were being found, and that for 
the purpose of overawing and intimidating my wit- 
nesses and preventing my attorneys from taking 
their testimony. 

Immediately on the passage of the resolution 
granting sixty days in which to take testimony in 
this case, I gave to the contestant a list of attorneys of 
high standing in the prolession.whom I had employed 
to conduct my case. The affidavits of two of these 
attorneys are hereto attached, marked F and H. 
Matters of grave importance to the State compelled 
me to remain here duriEig a large part of the time 
allowed. Tlie Governor and secretary of State were 
here on important business connected with the pub- 
lic afi'airs of the State, which demanded my personal 
attention, and I felt that my case would bo proijerly 
attended to by my attorneys in Texas. 

On or about the lOtli of March I received letters 
from my attorneys, and other persons friendly to me 
in this contest, stating that such was the terrorism 
produced and kept up by the system of persecution 
as herein set forth, that they feared nothingcould be 
done in the way of taking testimony for me, in cer- 
tain counties. A gentleman of high standing in 
Harris county wrote me that he had been warned 
not to be seen on the streets alone, as his life would 
be in danger, and this because he was known to be a 
very important witness for me. Similar communi- 
cations were received from other counties. 

Iramdiately after receiving these various commun- 
ications, I went with all haste to Texas, telegraph- 
ing in advance to my attorney in Houston, Harris 
count}', to serve notice to take testimony in AVash- 
ington and Limestone counties, which he did. 
Sickness and delays on the road prevented me 
reaching there until the 26th of March. On my 
arrival I found that half had not been told in regard 
to the conduct of these conspirators to prevent a 
free, full, and fair statement of facts by my witnesses 
on the stand. 

Went in person to these counties ; conversed with 
the witnesses, together with my attorneys, and from 
them learned the facti: herein stated. I was informed 
by my attorneys that the contestant had left for this 
city ; that the agreement to take testimony, in pur- 
suance of my notice by telegram, had been with- 
drawn by contestant's attorneys. All I could do in 



6 



thiacase wa.«fo take thee.T j)ai-<e afiBdavits, which are 
herewith submitted, marked as aforesaid. This | 
notice was served, as I am intbrincd, by my attorney | 
within the time allowed. Wherefore, this deponent , 
avers he has used not only due diligence, but extraor- 
dinary dilicence to i>rocuri; the testimony within t 
the six'y d.iys allowed; that he has been at great 
expense and trouble, and has only been thwarted ; 
by the combined efforts of the contestant and his 
friends, as herein set forth. 

W. T. CLARK. 

Sworn to and subscribed before me. a justice of 
the peace in and for the county of Washington, Dis- 
trict of Columbia, this 18ih day of April, 1HT2. 

[l. S.] WiM. C. IIAUPER, J. P. 

Considering the facts herein set forth, the proofs 
and statements filed herewith and made a part of 
this application, the contestee asks for a reasonable 
extension of time in which to take testimony to 
substantiate all the material allegations in his an- 
swer to notice of contest contained, which he avers 
he can and will do. 

W. T. CLARK. 

In order further to .show that I was justified 
in my action, I refer to a letter of my attorney, 
dated February 24, which is as follows : 

Houston, Texas. February 24, 1872. 

Dear General: I have taken the testimony on 
our behalf in Robertson and Brazos counties, and it 
is entirely satisfactory. We will begin here next 
week. Giddings, I am informed by lionner, made 
a perfect f.iilure at Limestone, lie has taken testi- 
mopy in various counties without any kind of notice 
to me. I um glad of it. as it will give us the chance 
of going ahead without notice to liim. I can make '' 
out the strongest oase for you ever presented before j 
Congress. Some developments I have already made i 
will astonish you. All is well. |{ 

Yours, truly, A.C.ROGERS. " 

Goncral Willia.m T. Ci^AnK. 'I 

1 call attention also to the depositions from ,{ 
llie couiiiy oi Wasliiti^^ton, signed by the dis- 'j 
irii't attorney, sheiilF, register, also witnesses j 
for the cunlestant : I 

Thk State of Te.kas, Cou»/i/ o/ Waghington : \\ 

The undersigned, citizens of said county, spon ' 
their oath do say, that upon their personal knowl- ; 
edge, in their opinion, there has existed for the last 
few months in this county a combination of inilucn- ' 
tial lawyers and Democratic citizens, friends and ■ 
bupporters of I). C. (biddings in the late conarres- I 
sional election, which we believe has for its ooject I 
the creation of a public sentiment adverse to the I 
elucidation of the Inct.s in relation to tae mode of I 
conduciing said election, and the fraud, force, and I 
illegal prc.cccdines nerpetrnted by the supporters I 
of 1>. C. Giddings. Nearly all the local county ofli- j 
oials have been indicted by a Democratic grand jury i 
for pretended offenses, and are being prosecuted by | 
a voluntary association of Democratic lawyers. All 
Republicans who have been acting in support of 
their principles and party in the late congressional 
election are pursued with implacable animosity. 
O-itraeism in business and in all the relations of life 
is the order of the day. 

Til e indictments against the Governor and secretary 
of State for issuing a certificate of election to 
lion. W. T. Clark, as member-elect to the Forty- 
Second Congress of the United States from the third 
district of Texas, coupled with the proceedings 
above stateil in this county, has had the effect of 
deterring all Republicims having a knowledge of 
facta from giving their testimony in the contested- 
election ease of (liddings c«. Clark. .\ny effort to 
have taken testimony on the part of the contestee. 
General Clark, would have been fruitless in develop- 
ing the facts, on account of the provailincr feeling of 



insecurity on the part of Republicans. Now, how- 
ever, since the schemes of those who procured the 
indictments against theGovernor, secretary of State, 
and local county oflBeials have been exposed and 
made public through the press, a reviving spirit of 
security is manifested amo[\g Reimblican ma.sse3. 
Hence we believe all the allegations otl'raud and 
illegality made by Governor Davis and General 
Clark in their answer to contestant's notice of con- 
test can and will he fully establislied by competent 
proof, if time is allowed. 

F. A. WILMANS. 

M'lyur of Brenham. 

D. A. ALLEN. J'ontmaMter, ! 

THOMAS G. DAVID.SON, 
District Attorney TiPfiilii- /Vi"u?A Jwlirtal JJiittrict. 

M. WEAR, Cil>j Mnrohnl. 

LVDDLETUX SMITH, 

Slierijjf Wiiflihigl'tn County. 
HENRY E. LUCKLTT, 

frvxidfiit Wiiihi Ill/Ion County. 
S. A, llACKWORTH, 
County .Jtiilgp Wnxhinolon County. 
PEIEK DILLER. lUgi^trar. 
K. IM'ATIEKSUN. 
THOMAS DWVER. 
BENJ. O. M'ATKOUS, 
A Member oj the State (Junventiun in 1868. 

Sworn to and subscribed before me, and the seal of 
the district court of Washington county. Slate of 
Texas, annexed, this the 3d day of April. A. D. 1872. 
J. J.STOCKBKIDGE, 
Clerk District Court, Wanhington vounty, Texas. 

I shall also ask to have incorporated in my 
remarks articles from the Union and State 
Journal with regard to the bribery of the 
grand juries who presented these indictments : 

" The Austin Ring Conspiracy. — In what we say 
below we do not include the masses of the good men 
of the State who may have voted the Democratic 
ticket. Wo include only the Austin ring conspira- 
tors, and their supporters, whether press or people, 
and we ho|ie to awake our fellow-citizens of Texas, 
and of the country generally, to the enormity of 
the crimes they have committed, and to the evil 
purposes they have in view in trying to rain the 
Slate that they may profit by the confusion and 
misery created. 

"The truth of Texas history, the sacredness of 
judicial honor and justice, the sworn secresy and 
faith of grand juries, the reputation, interests, 
rights, and even lives of political opponents, have 
all been put in jeopardy by the Austin Democratic 
ring. They have conspired to ruin every leading 
man in the Texas Republican party: to break down 
the State government; to repudiate the State debt; 
to ruin the State credit; to destroy the vested rights 
of the capitalists who have trusted the State and 
arc building our railroads ; to inllame the people to 
resist the laws; to corrupt or intimidate the courts; 
to frighten the judges into helping them defeat the 
collection of the school tax; to take free public 
education away from the children and orphans of 
conlbderate soldiers, and from all the poor children 
of the State, white and colored; to calumniate the 
personal reputation of every Republican ollicial, or 
public man, who does not play the flunkey to them; 
to corrupt or intimidate or prejudice juries to indict 
every Republican who is at all in their way; to 
band the bar together to prosecute and hunt down 
every leader in the Republican party; and to so 
inflame the peojile, break down the laWb and the 
courts, damage material interests, deter immigra- 
tion, disorganize society, as to ruin Texas, that they 
may then turn round and lay it to the charge of the 
Republican administration. 

"These things are sober facts, terrible as they 
may appear, every one of which can be verified and 
illustrated by special instances. Every rumor or 
charge against a Republican whom they dislike is 
magnified by the malignant and unscrupulous part 
of the Democratic press, the bar-room and bawdy- 



house Democratic politicians, and their gangs of 
clamorous and loud-swearing street-corner loafers, 
into huge crimes. The indictments of vengeful grand 
juries are invoked ; the people of the State are mis- 
led by the falsehoods of their correspondents and 
journals; the telegraphic wires to the norih are 
charged with the same things, and the truth of the 
case is only circulated in the Republican journals, 
and has no showing whatever on the telegraph lines ; 
and every possible appliance of heated public and 
social opinion, of professional influence, of sectional 
war prejudices, and of the most outrageous defama- 
tion of Republican reputation, are all invoked to 
prejudice the cases, prevent a fivir trial, and either 
convict the hated one or break down his reputation. 
The State if full of such instances." 



"Our Federal Grand Jury. — The developments of 
the last few dnys have exposed a system of corrup- 
tion in the Federal jury of the western district of 
Texas that must attract attention at Washington. 
When a body of grand jurors are detected in open 
corruption; when the startling evidence of their 
criminal bribery is exhibited to tho public eye; 
when it becomes necessary to place detectives upon 
their track in Texas to secure the safety of our fel- 
low-citizens, the purity of our national ermine is 
sullied, and the honor of the (Government degraded. 
For the first time in the history of the Government 
has so anomalous a case been presented; and it has 
fallen to the lot of the Texas Democracy to exhibit 
it. The highest functionaries of the State have be- 
come victims of Democratic malevolence and of 
purchased perjury. Persecutions are boldly perpe- 
trated upon innocent men under the shelter of the 
Federal court, because these men's only offense is 
that they love their country and oppose Democracy. 

"An honorable State senator has been dragged 
from a sick bed and exposed to every contumely and 
dishonor by Democratic machinations and malice, 
and this jury is the authority for the outrage. The 
Governor and the secretary of State have been in- 
dicted by a body of men under the forms of law, 
who are proven to have been selling themselves 
openly to subserve the purposes of the enemies of 
the Republican party and the Government. Frauds 
and robberies upon the Treasury of the United States 
are justified, and the Democratic thieves are per- 
mitted to go scot-free, because, forsooth, they can 
buy up the grand jury at the nominal price of from 
thirty-five to two hundred and fifty dollars a head. 
Well may we tremble for the safety of Republican 
institutions when these outrages upon their funda- 
mental principles are existing in the highest and 
what ought to be the puresttribunals of the country. 

'"In view of them, of their open and public exhi- 
bition, it is the plain duty of Judge Duval to lib- 
erate himself from the first taint of suspicion. He 
cannot, as a just judge, entertain a single official 
act emanating from such a source of corruption as 
an openly acknowledged bribed grand jury. He 
should put his official brand of infamy upon every 
member of that body proven to be guilty. His plain 
and only course is to throw out every indictment that 
was born of so corrupt a body, and every official act 
that bears the stamp of their purchased perjury. If 
it be possible he should go further and weed from 
the bar the members who have prostituted an hon- 
orable profession to pursue with Democratic hate 
the best men in the State, only because they are 
Republicans, and to swindle the Treasury of the 
Government out of its just dues." 

"Tho foUftwing from the Houston Union is exactly 
to the point. We take the liberty of leading it and 
of placing it in our editorial column : 

" 'One of the funniest things that ever occurred in 
the politics of Texas is the tact that the Democrats 
packed the Federal grand jury to get the Governor 
indicted, and then got so frightened and ashamed 
about it that they began to swear thut the jury were 
nearly all Republicans. They now want to get out 
of it, and they are trying to represent it as a wholly 



R.epublican affair. The Union showed each man's 
political status by name over a month ago, and the 
jury was shown to be more than two thirds Demo- 
cratic. Nobody has dared to deny our statement. 
More than two thirds of the jury were supporters of 
Giddings and Hancock, and voted in the grand jury 
as they voted in tho election.'" 

I also add affidavits of another of ray attor- 
neys, Judge Coldwell, a man eminent for his 
legal ability and knowledge of the affairs 
of the Stale ; the secretary of State, Hon. 
James P. Neweomb ; J. C. De Gress, super- 
intendent of public instruction ; J. G. Tracy, 
chairman of the Republican central corcimit- 
lee, and the statement of the Governor: 
State op Texas, Grimei count}/.- 

I, C. Coldwell, one of the attorneys of W.T.Clark 
in the contested election now pending in the Forty- 
Second Congress of the United States, between D. 
C. Giddings, contestant, and said W. T. Clark, con- 
testee, for a seat in tho said Congress from the third 
congressional district of the State of Texas, do say 
that from diligent inquiry I am fully possessed, 
and do solemnly believe, that in parts of said dis- 
trict it has not hitherto been possible to prevail 
upon witnesses to testify in behalf of said coutestee. 
That as such attorney I have examined many per- 
sons privately, who stated to me that they know 
facts that would be material to support the allega- 
tions of contestee in his answer to the notice of 
contest. In the county of Grimes these persons 
informed me that they know of many Republican 
voters who would have voted for contestee, but were 
deterred from so doing because of threats to dis- 
charge them from service and houses if they did so. 
Others did not vote for contestee because of the 
closing of the polls by the chief registrar, R. N. 
Mills. I was informed by Democrats and Repub- 
licans that Mills had just cause of alarm for his 
safety; but the parties who gave this intbrmation 
refused to testify, because, as they alleged, they 
would be proscribed in business and ostracized, 
themselves and their families. 

I found a similar condition of affairs in Austin 
county, except the closing of the polls. In ^Vash- 
ington county, among the Republicans, all was con- 
sternation and dismay. None felt secure from per- 
secution if they gave in their evidence. Many of 
them had been indicted, in my judgment, for pre- 
tended offenses, and, I verily believe, for tho pur- 
pose of striking them with terror, so as to aid 
contestant. The indicted persons are county officers. 
The Democratic press, too, teemed with denuncia- 
tion and abuse of all in authority, and threatened 
them with persecutions, so that, in my judgment, it 
would have required extraordinary moral courage 
for a man to have given his evidence in behalf of 
contestee. The Governor, secretary of State, and 
attorney general had been indicted fur issuing a 
certificate of election to contestee, and, during the 
time that evidence should have been taken, hand- 
bills were circulated and posted, to the effect that 
the Governor had tied and was a fugitive from jus- 
tice. The daily press contained the same announce- 
ment. It is impossible to escape the conclusion that 
all this was for the purpose ofalarming Republicans 
and aiding contestant. Whatever may have been 
the motive, this was the effect, and so stated to me 
by many Republicans, the usual exclamation, 
being, if the Governor is thus pursued, how can wo, 
as humble citizens, escape persecution ? The storm 
has blown over, and I now believe we could proceed 
in taking testimony without serious difiiculty. 

C. COLDWELL. 

Sworn to and subscribed to before me this 9th day 
of April. 1872. Wituesi my hand and official siguu- 
ture and seal of office. 
r 1 J. E. TEAGUE, 

LL,. b.j Notary Public, Grimes county, Texas, 



8 



Navasota. Texas. April 13. 1872. 
Testimony was taken for you, and closed last 
Saturday of April; mailed yesterday. My own 
statement mailed 9th. 

C. COLD WELL. 

lion. W. T. Clabk. 510 Tenth street. 

State op Texas, county of Travis : 

I, James P. Newcomb, secretary of State of the 
State of Texas, being duly sworn, do say on oath 
that I am convinced from information which has 
come 111 me that a systematic effort has been organ- 
ized and to a great extent carried out by the attor- 
neys of D. C. Giddings, the candidate of the De- 
mocracy for Congressman in the third district, and 
their aiders and abettors, to defeat a fair and com- 
plete exposition of the fraud, violence, and intim- 
idation perpetrated by the said D. C. Giddings and 
his political friends during the recent congressional 
election; that this conspiracy has developed itself 
in the indictment and prosecution of State otficials 
and oliicers of election, both in the Federal and State 
courts; and I fully believe that had there been no 
contest and had the State returning otlicers granted 
a cerlilicatc to I). C. Giddings, that such i)rosecution 
would never have been instituted; and I further 
believe that if all pressure is removed all the charges 
of violence, fraud, and corruption alleged against 
the said 1). C. Giddings and his political adherents 
can be fully substantiated ; and that this conspiracy, 
directed against the .State otlicers and officers of 
election was in a great measure intended to prevent 
and deter persons from giving testimony favorable 
to General \V. T. Clark, whose seat in Congress is 
contested by D. C. Giddings, and that the allowance 
of ample time for securing the testimony will serve 
to assure all persons summoned that they can testify 
without fear. The terrorism exerted by prosecu- 
tions before the courts is enhanced from the fact 
that the Democratic lawyers (a large majority of 
the lawyers being Democrats; combine and agree to 
prosecute aud not to defend Uopublicans when 
indicted.. 

JAiMES P. NEWCOMB, 
Secretary of State, State of Texas. 

Sworn and subscribed to before mo this 2d day of 
April, 1S72. 

r ^ J. C. DE GUESS, 

*■ -' ,Superinlen<lt;nt of Public limt ruction. 

State ok Tkxas, county of Travis: 

1. J.C. De Gress, of said county and State, do say 
on oath, that 1 am superintendent of public instruc- 
tion lor said State, and that 1 have an extensive 
correspondence tbrougiiout the State with my 
official sul)ordinate-i, and by means thereof and my 
own observation on tours of official inspection, I 
have an accurate idea and good knowledge of airniis. 
That since the assembling of the so-called tax- 
payers' convention in the capitol last September, 
there seems to be an organized effort, on ihc part ol 
Democratic lawyers aud loading Democratic pol- 
iticians, to embarr.iss the operations <>f the State 
guvernment in all its departments. This is made 
evident by voluntary associations of lawyers, who 
tendered their services gratuitously to prevent the 
collection ol taxes levied tn sustain our common 
schools. Taking its rise in this source, a feeling of 
biiicrand nupliicabic hostility has been manifested 
nil the part i>f the Democratic lua-sses toward all 
Uepublicans and the Kepubhcau administration. 
From special sources of intormation entirely trust- 
worthy, and from general report, I learn that Ko- 
publicau officers are, aud have been, fortwoor three 
uiuoths i>ast, pursued with false accusations in the 
courts, and a storm of denunciation and detraction, 
utterly deolructivc of the free exorcise of opinion 
b:id action. Especially has this been the condition 
ol t lie third congressional district, where the mass 
of our colored population reside. That during the 
election for a member of Congress in October, l>i71. 



I was a part of the time in Limestone county, and 
said county was completely under the dominion of 
mob rule. That no freedom existed during said 
period in the county aforesaid, except for the lawless 
mob. Lirge numbers of the colored vo'ers had 
taken refuge in the woods from the impending vio- 
lence. That for the last two months, and even 
longer, in my opinion, the condition of the public 
mind has been such as to preclude the full expres- 
sion of laets by Republican m-isses, bearing on the 
contested election between D. C. Giddings and W. 
T. Clark for a seat in Forty-Second Congress, from 
t he third district of Tex,as. That latterly, owing to the 
belief gradually tixing itself u|ion the Democratic 
masses, that the national Executive will sustain our 
Governor in his efforts lo secure the protection of 
law to all classes, greater security is felt, and a 
larger degree of freedom is manifested by the mass 
of llcpublican voters. And 1 now believe that if 
timeisailowcd there will benodiUiculty in obtaining 
the evidence that will sustain all the material allega- 
tions of the answer of W. T. Clark to the notice of 
contest by D. C. Giddings. 

J. C. DE GRESS, 
Superintendent of Public Instruction, 
Slate of Texas. 

State of Texas, Travi-i cmtnty : 

Sworn to and subscribed before me this 2d day of 
April, A. D. 1802. 

r, „ T JAMES P. NEWCOMB. 

^^- ''•-' Secretary uf State. 

State ok Texas, county of Trnvis : 

I, J. G. Tracy, chairman of the Republican exec- 
utive committee, State aforesaid, being duly sworn, 
do say on oath that i believe there exists through- 
out this State a conspiracy on the part of the Demo- 
cratic lawyers of a certain class and leading ultra 
Democratic politicians, having for its object the 
overthrow ol the State government; that this con- 
spiracy had its inception last summer during the 
session of the so-called tax -payers 'convention ; that 
the evidence of this is to be lound in the admitted 
organized effort of the Democratic lawyers of the 
State to defeat the collection of school taxes, and in 
the procurementof indictments by Democratic grand 
juries of a large number of Republican officials for 
!| trivolous and pretended offenses; that the grand 
i jury, at the late term of the district court of the 

I United States for west district of Texas, were induced 
by the conspirators aloresaid to present bills of iii- 
dictmont against the secretary of State, and his 
Excellency the tJovernor as accessory, for issuing a 
eeriiticate of election to Hon. \V. T. Clark as mem- 
ber-elect from the third "iistrict of Texas to the Forty- 
Second Congress of the United Slates; that several 
members of saiu grand jury have been arrested, 
charged with Having been compelled by Democratic 
lawyers or their agents to do the bidding of said law- 
yers; others of said grand jury, over ttieirown sig- 
natures in the public prints aver that if the injunc- 
tion of secrecy is removed they could testify to the 
criminality ol some of their tellows in jiresenting 
said indictments. Since the linding of said bills 
against the Governor and secretary of State, in va- 
rious counties of the third congressional district the 
work of indicting local Republican officials for cor- 
rupt purposes began, and has been jirosecuteil with 
vigor, in the county of Washington members of the 
county or police court were indicted in the State 
courts for the alleged offense <)l corruptly voting 
upon particular measures ponding befor* them. lu 
Grimes, ,\ustin, and Harris counties criminal pro- 
ceedings have been instituted against the judges of 

I election for the manner in which they discharged 
i their several duties, all of which have been without 
! the slightest just cause or reasonable foundation, 
! as I verily believe. In consequence of these iiiove- 
: ments by the Democracy there has been and still 
' continues a general feeling of insecurity on the part 
,1 of Uepublicans, who would otherwise have given 

II important evidence of fraud, intimidation, and viu- 



9 



lence on the part of the Democracy at the late con- 
gressional election. This feeling of alarm existed 
in a very high degree during the time allowed for 
taking testimony in the contested election of Gid- 
dings vf. Clark. In Washington county the evidence 
was taken during the session of the district court, 
and immediately preceding, when all was terror, 
alarm, and confusion, in consequence of the unjust 
criminal proceedings aforesaid. 

In consequence of the energetic action of the Gov- 
ernor, in connection with the fact that the crimes 
of these conspirators have come to light, and been 
exposed by the press, thus having the effect of silenc- 
ing them for the present, a feeling of greater security 
now exists among loyal men, and I now believe full 
and ample evidence can bo had to establish all the 
material allegations of Hon. W. T. Clark in his an- 
swer to notice of contest by D. C. Giddings. 

J. G. TRACY. 



Sworn and subscribed to before me, at Austin, 
Travis county, Texas, this 2d day of Anril, 1872. 
JAMES DAVIDSON, 
Adjutant General and Chief of Folioe 
for State of Texas. 



[L. S.] 



I, E.J. Davis, Governor of the State of Texas, do 
certify that from mv observation it has been the 
purpose of D. C. Giddings, or his aiders or abettors, 
since the contest commenced before Congress for the 
seat now held by General W. T. Clark, to create a 
public opinion adverse to Clark, by indicting through 
corrupt manipulation of the United States grand 
jury at Austin, the Governor and other State offi- 
cers who gave the certificate of election to said W. 
T. Clark. Among other means adopted to carry out 
this desig:n was the publication that the Governor, 
through fear of those indictments, had fled the State, 
which publication was issued in the form of an " ex- 
tra," written by an individual known as W. M., 
idias " Buck " WaUon, late chairman of the Demo- 
cratic central committee, and issued from the office 
of a paper published at the capital of the State, 
called the Statesman, which I am informed and be- 
lieve is owned and published by said Walton and the 
law firm of Hancock & West, said Hancock being 
the present member of Congress from the fourth 
district of Texas. 

My official information also leads me to conclude 
that this design has been attempted to be carried 
out in the State courts within that congressional 
district by indictments and threats of indictments 
and prosecution of the local officers who conducted 
the election, as welt as of voters who had forwarded 
complaints and affidavits charging improper con- 
duct of the opposition at that election. 

lam sure that during the excitement caused by 
these proceedings, which have been going on for two 
or three months past, it would not have been possi- 
ble to get full and straightforward statements from 
all witnesses in that district in regard to facts favor- 
able to said Clark. 

EDWARD J. DAVIS, 
Governor of Texas. 

Thus it will be seen that no witness in my 
behalf could have been brought forward to 
swear to the truth in regard to the election. 
It will also be seen that all these indictments 
were intended to secure the object of the rebel 
Democracy in the third district of Texas, which 
was this, and only this, to unseat the sitting 
member and force upon the House the con- 
testant. 

I now proceed to examine the case upon its 
merits, and I cannot better do that than by 
referring to a portion of my own argument 
before the committee. I will not take up the 



time of the House to read that here, but ask 
that it may be incorporated in my remarks : 
BooQue county. 

It is a little remarkable that Bosque county should 
not have been counted for the contestant. The facts 
are, that when the contestee was canvassing in that 
county during tlie election he was advised to leave 
by the princip.xl Republicans for the reason that it 
was not sate for any man of his sentiments to be seen 
about there after daylight. 

The registrar, Thomas Ford, duly appointed, did 
not appear during the election, because, being a 
Union man, he bad once before been hunted for his 
life, and escaped by a miracle. 

Brazos county. 

C. S. West, a bitter Democratic partisan, son-in-law 
of Judge Duval, of the Federal court, who perjured 
himself and got his pay both from the confederacy and 
the General Government and who now pretends to 
hokl the United states court in the western district 
of Texas, this West, partner of John Hancock, the 
Democratic member of the fourth district, who has 
gone to Cincinnati with Senator Hamilton, gives 
his testimony with regard to this county. The Gov- 
ernor's right to reject the vote of Brazos county, cast 
in face of the law, is indisputable. 

If Hancock and West and their sort are to dictate 
the policy of this Government or the State govern- 
ment of Texas, then it is time for Jefferson Davis to 
be President of the United States. 

Freestone county. 
Freestone county was rejected by the Governor. 
One cannot escape the conviction that all the wit- 
nesses are suborned in the interest of contestant. 
(See statement made to Governor, page — .) The 
contestant admits that frauds were committed, but 
says notin the interestof contestant. I askan exam- 
ination of testimony, and the statement made by 
Tracy, registrar, who was then acting in the interest 
of justice, but who to the personal knowledgeof con- 
testee, was paid to make the counter statements, as 
in the evidence of contestant. 

Galveston county. 

In this county the friends of Mr. G reeley, of the 
Tribune, were most active. It is unnecessary to go 
into particulars in regard to Mr. Greeley's visit to 
Texas. It was made with the view to secure his 
nomination as President. The contestee gave him 
no encouragement, and hence the opposition of the 
Tribune and its friends in that county. 

The man McCormick, who testifies, kept hounds 
to hunt negroes before the war; was a major, or 
rather says he was in the rebel service; pretended 
to be a Republican ; was removed from office for 
good cause; hence his opposition. 

Grimes county. 
The evidence from this county on the part of con- 
testee has been telegraphed by his attorney as on 
the way. From this statement of Judge Coldwell it 
will appear that R. N. Mi Us was justified in leaving 
the polls, and that the statement of contestee ia 
regard to the 1,000 votes will be fully sustained. 

Harris county. 

Here we have to deal with one of the most re- 
markable instances of rebel deceit and chicanery. 
The election was going on to all appearances quietly 
and peaceably, until about two o'clock of the third 
day. This contestee was here in person, and up to 
that hour it was supposed that Harris county, one of 
the most advanced and civilized communities of the 
State, would give at least one thousand majority for 
the Republican candidate. 

Suddenly the contestant appeared on the street, 
and in less than two hours the election was broken 
up. Hundreds of Republicans who were there de- 
siring to vote went home in fear and dismay. 

The men who, without reason, broke up the elec- ■ 
tion have been indicted in the Federal court, and it 



10 



is to be hoped that they will receive the just punish- 
ment prfividcd for in the enforcement act. 

The contesliint makc;^ the sratuitou.'' remark in 
his argument tliat one of the judecs of election was 
caught stutliiiR tliu ballot-box. lie knows so well 
that that is false, that on that testimony ulonc in 
Harris county he has convicted himself before the 
people of at least indiscretion. 

Ilill couniu. 

It is only necessary to say, in answer to contestant 
in regard to liill county, that the man on whom be 
relied, and who was bought by him or his friends 
to swear that he had changed ballots, has been ar- 
rested, confessing the perjury by which contestant 
hopes to win this case. 

Limenlone county. 

The state of affairs proven in this county is enough 
to any impartial judge on which to rest this whole 
case. 

The contestant's statements, from the beginning 
to the end ot his argument, taken in connection 
with the testimony, and that of coutestee, herewith 
submitted, arc a sullicient answer to every charge 
brought forward by contestant, and are sustained 
by the testimony taken by the contestant himself. 

The argument of contestant regarding this county 
will stand upon the records of election cases as the 
climax of brazen eti'rontery and impudence. 
Navarro count]/. 

The records of the War Department will show 
that the allegations of contestant regarding Smith 
are void of truth in every particular. Kegarding 
Robertson, Walker, and Washington counties, the 
same acts of violence, intimidation, fraud, and cor- 
ru|>tion can l>c' proven. 

lu utter dcliance ot the laws of the land, these 
men in 1871, as in 18(51, set themselves u|) to subvert 
not only the .State, but the (icnerni Government. 
They tore down the national flag and burned it in a 
tar barrel. Tiiey murdered innocent men, quietly 
sitting in the doors of their bouses, chojiped their 
heads off and tossed their carcasses on the railway 
track to shield their guilt. They burned down 
sehoul-houses; they whipped the teachers; they 
refused them sliL-keror food; and in every way con- 
ceived by the villainy of man, they have attempted 
to thwart the voice of the loyal people throughout 
the b'tate. 

They hate any man in sympathy with the Govern- 
ment, either tStatc or national, and nothing will 
bring them to their senses and secure a proper 
regard for the riu'hts of the peot>le. but the assur- 
ance, once for :ill expressed in this House, that they 
cannr)t take the law into their own hands and sub- 
vert the Stale government and elect whom they 
ple;ise. 

Mr. Speaker, I have said that any attempt 
at this stage of tiie conlest to reverse the ac- 
tion of the Cotntuiitee of Elections is a work 
wliich Mr. Greeley would call " superservice- 
able." And yet 1 cannot go from this body, 
where I tbitik 1 have no personal enemy, where 
I have labored for the best interests of my 
constituency, without saying that no one meas- 
ure, since I have been a member of this House, 
of whatever nature for the betielit of my Slate 
has becotne a law of llie land which was not 
inaugurated and pressed through by my own 
personal efforts and lho.se of my Republican 
colleagues. In vindication of that statement 
1 cull upon any member of the House, or 
any citizen in my district, to read the Statutes- 
at-Large of the United States since the oOsh 
of March, 1870. I go and leave my work 
behind me. Men may talk, atid Uilk, and 



talk, but at the expiration of his term the 
man who has done his duty, and his whole 
duty, must be able to turn to some statute 
which will .show tlisii lie has done work and 
left his mark tlieie. This is the first time 
in the history of a IJepubiiean Congress when 
it has been said to a patriot soldier "Go,"' 
and to a Ku Klux rebel, "Come."' 

Sir, I might go on for hours, atid read to 
you evidence as strong as that of" Holy Writ, 
substantiating everyallegation 1 have set forth 
in my answer to the notice of the contestant. 
But, sir, 1 do not propose thus to occupy the 
time of the House. 1 know the Committee of 
Elections enjoys it.scontideiioe, and it would be 
like attempting to sail up Niagara to make 
any effort to alter the determination of this 
House in regard to my case. But in behalf 
of the loyal men of my State, in behalf of the 
eighty thousand liejniblicans there, while and 
black, I enter here and now my solemn pro- 
test against this report. By the memory of 
three hundred thousand heroic dead, who died 
that four million men might be free, by the 
memory of the Union soldiers whose bones 
lie bleaching from the Potomac to the llio 
Grande, by the memory of the heroes of 
the old army of the Tennessee, I jiray you 
pause before you lake your final action on 
this contest. 

On my way to the Capitol I was told that 
they proposed to-day to begin and bury the 
army of the Tennessee ; that they intended to 
bury me first, and to keep on burying that old 
army utitil they had buried its oldest and 
greatest leader in November next. Sir, here 
is the roll of the army of the Tennessee, [hold- 
ing the same in an unfolded condition.] When 
1 first entered the doors of this House, and 
looked over this bod}-, I found thirty-five men, 
officers of that old army, on the floor. There 
are nearly as many now. On this roll there 
are three hundred thousand of the bravest men 
who ever stood upon the battle-field during 
the last war. The names of Logan, of Slo- 
cum, of Washburn, of Mower, of McKee, of 
Payne, Leggett, Giles Smith, and a host of 
others are here. The names of McPhersoti, 
of Crocker, Ransom, Harker, and Rawlins 
are not there ; they have been buried, some 
of them shot down on the field of battle, others 
worn out by the very rebel element whose 
candidate you propose to seat here this day. 

Bury the army of the Tennessee! Mr. 
Speaker, when you bury that army you bury 
the last sentiment of loyalty that beats in the 
hearts of twenty million men and women of 
this country. 

Bury the army of the Tennessee ! I tell 
you, Mr. Speaker, before that army is buried, 
with the principles for wliich it fought, you 
will not find a green thing from the Potomac 
to the Gulf, and these men who now propose 



11 



to break down this great party, to sacrifice its 
friends as tlie^' are now proposing to do, will 
find that before that is accomplished, out of 
the very graves from every national cemeterj', 
from the Potomac to the Rio Grande, will 
rise the dead heroes of that old army, to fight 
the battle of freedom over again. 

Bury the army of ttie Tennessee ! Why, 
sir, I recollect very well when, as a private 
soldier, 1 first shouldered my musket and went 
out into that army. I knew it when it was a 
little brigade at Bird's Point, Missouri. 1 fol- 
lowed it from Henry, and Donelson, and 
Sbiloh, Corinth, Vicksburg, Chattanooga, and 
Atlanta, to the sea, and back to Washington, 
and you remember when these very walls 
trembled with the mighty tread, and trembled 
with joy and pride under the footsteps of that 
victorious old army. Ay, sir, it was the only 
army that never turned its back to the foe. 
I beg pardon of the House for referring so 
warmly to that army of which I was so long 
the adjutant general and chief of staff. 

I come back to the question before the 
House. The result of the vote here to-day 
will be announced in dispatches all over the 
South, and in my district, where the guns are 
already loaded, so perfectly well known has 
been the action of the committee for many 
days, they will be fired in honor of the rebel vic- 
tory. No enthusiasm since the first defeat at 
Bull Run can compare with that which will 
thrill every rebel heart when this day's vote is 
announced along the wires. With bonfires 
and illuminations; with burning of school- 
houses and murdering of teachers ; with in- 
sult and ostracism of the wives and children 
of the Union men in my district will this 
result be welcomed. From the South will 
come up dispatches of great rejoicing of the 
rebel Democracy ; and the editor of the New 
York Tribune, the candidate of the Dolly 
Varden convention, will come in for his share 
of the plaudits and praises of his rebel friends 
for his assistance in my defeat. By the action 
of this House to day you say to these men 
that hereafter in defiance of law, in defiance 
of the orders, of the proclamations of the Gov- 
ernor, they can go to the polls armed and 
camp there. You put fifty thousand muskets 
and revolvers in the hands of the most des- 
perate men in Texas, who will never again 
allow a man to vote for the Republican cause. 
Your action will cost the lives of at least five 
thousand men in Texas. You say to them, 
"All you have to do is to take your double-bar- 
reled shotguns, your revolvers and bowie- 
knives, go to the polls, and drive away every 
man who is opposed to you, and then let your 
candidate come up here and this Congress will 
protect you." 

Is this really to be the treatment which the 
men who have fought for so many years in 
behalf of the Government and in behalf of 



the principles of the Republican party are to 
receive? I have fought this battle for eleven 
years; I have suffered with my wife and chil- 
dren every indignity and every species of ostra- 
cism, and yet for all this the Republican ma- 
jority of this Congress propose to place me 
under the feet of my Ku Klux adversaries. 
Gentlemen talk about testimony. I have done 
everything I could to bring testimony here. 
I have brought forth evidence of a terrorism 
more terrible than that of shot-guns. It is 
that which prevents you ftotn buying a pound 
of meat at your butcher's or a loaf of bread 
at your baker's unless you are in sympathy 
with the Ku Klux Democracy. The testimony 
of the contestant himself, to which I have re- 
ferred, shows that it could not be more dam- 
nable or infamous were it torn, every leaf, 
from tlie records of hell. To show the char- 
acter of that testimony on which this report is 
made, I desire to have read one specimen. 
Take the published report and compare it 
with the original manuscript. 
The Clerk read as follows: 

Calvert, Texas, October 15. 1871. 

Dear Sir: This is the first time that I have had 
the honor of addressing you, and I hope that you 
will give me a few minutes' attention, so that I may 
lay my case before you. 

On the 6th instant Colonel Gillespie and Byron 
Mahlor cauie to me and told me that if we wanted 
to carry the county for Clark that we would have 
to give registration papers to about one hundred 
Republicans then &,t the polls, said parties having 
been ref'ascd registration papers by Ned Butler. To 
do this they wanted mo to sign Butler's name to the 
papers, and then issue them to those parties who 
would call for them. I told them that I could not 
lend myself to any such scheme. But they then told 
me if I did not do so that my school certificate would 
be taken from me and given to some better man. 
Under this compulsion I consented to sign the 
papers; but before I did so Colonel Gillespie told 
mo that there would be no danger, and if I should 
be found out that he had the word of Governor Davis 
that I would be pardoned in ten days, if convicted. 
Now, Governor, I have been found out, and the 
grand jury of this county has found a bill of indict- 
ment against me for it. They also found bills against 
Colonel Gillespie, Judge Thurmond, and other Re- 
publicans, but on different charges from the one 
brought against me. 

My object in writing to you is to ask your advice 
about the matter. Please write to me at once and 
advise me what will be best for me to do. 

Colonel Gillespie told me that he would give you 
a full statement of the affair. 

Very respectfully, C. HURTEL. 

His Excellency Governor Davis. 



Calvert, Texas, November 8, 1871. 
I do solemnly swear that thecrontents of the within 
statement are true. 

C. HURTEL. 

At the time that I did this I understood that it 
was the general programme throughout the State in 
conducting the election. 

Indorsed on the back: " Charles Hurtel. D. G. 
Worrell. United States commissioner, western dis- 
trict of Texas." 

Mr. CLARK, of Texas. I now ask the 
Clerk to read the true letter. •" 



12 



The Clerk read as follows: 

Calvkiit, Tkxas. OrtoUrlh, 1S71. 

Dear Sie: I hiive the lioimr to adilress you a few 
lines to make a Htati-iuciil i>t' the proceedings of the 
grand jury ol tills eumiiy against nil Kood Repub- 
licans who took any active part iti tlie late elections 
in this county. The gr-iiid jury has found bills of 
indicttneiit against all good Republicans who took 
any active iiart in the election. Judge Thurinond, 
Colonel Uillcspie, niysell, and a good many others, 
have bad bills found against tbctn, and put under 
arrest for imrely imaginary charues. I am under 
arrest, but not contiiied, lor "aiding persons not 
qualified '' to vote. 

I am engaged in teaching a colored school in this 
county, and have been teachingforlhe pasteighteen 
months, and have sutlVred a good deal of persecution 
on that account Ity the Democrats; have been as- 
saulted on three dillVreiit occasions. The Inst lime 
was on the IVtIi of. June, 1871. At that time I was 
knocked down and beaten with a. club until 1 ^ras 
insensible, by one William Ueanie, a wealthy citizen 
of this county. I intended to have him indicted 
before the present grand jury for assault and bat- 
tery, but he having Iriends and relatives on the 
grand jury, he had me indicted to defeat mo in my 
case against hiiu belore the grand jury. 

My dear Governor. I am an cdd Feileral soldier, 
and served mv country faithfully, which the wounds 
on luy body will testify. 

I lost my right leg above the knee at the battle 
of (Jctfysburg. :; 1 of .July. \S6.i. besides two other 
wounds received before that time; and I now most 
respectfully ask your advice as to how I shall pro- 
ceed about getting out of luy present dilliculties and 
get justice done mo. Colonel Gillespie knows me 
personally, ami can tell you about me, and that I 
am an unflinching Republican. 

I hold a certificate of the third class in the public 
schools of this State, and would like to be assigned 
to a school; as it would now be dangerous for mo to 
go back to where I have been teaching, and if possi- 
ble (when I get out of my present difficulties) I 
would like to bo assigned to gome other i>art of this 
district. 

Witli many wishes for your prosperity and happi- 
ness, I am truly and most respectfully, your obedient 
servant, q HURTEL. 

His Excellency Governor Davis. 

P. S. — Please excuse bad writing, as it is the fault 
of the constant use of iny crutches. 
Respectfully, C. HURTEL. 

A true copy: ^ J. C. DE GRESS, 

Suprrinlrndtnt of Public Iimtruclion. 

Mr. CLARK, of Texiis. I refer now to the 
telegram on page 18 of the argument of the 
contoatee : 

Letter on page 94, Giddings's testimony, is a 
complete forgery. We have originnl. Ifall the tes- 
timony is of the sumo genuineness it is a coinpleto 
friuJ- JAS. P. NEWCOMli. 

Svrrtturt) of Slatt. 

Fahns ill nno falstts in omnibus. 

Whatever may lie the action of this Ilonse, 
the time is CDining* when ilie conduct of the 
Governor in issuing to me that certilicate will 
be vindicaied liy all honest men of the coun- 
try. There is nothing even in the teslitnoiiy 
of the contestant nnlitating against that cer 
tificate. In referring to IJrazos county, the 
committee say that the board of elections had 
tlie right to nnmljer and mark each ticket. I 
join issue on that. 

Mr. HOAR. The committee make no such 
statement anywhere. The committee say that 



the numbering of the ballots by the officers 
of elections, whether legal or illegal, does 
not warrant depriving the voter of the right 
to cast his ballot. 

Mr. CLARK, of Texas. In other words, 
they have the right to number the ballots 
whether in violation of law or not, and to 
keep a complete supervision over every man 
with regard to his vote. I assert, sir, that 
that is utterly in violation of the law of the 
State, and is a species of Ku Klu.x espionage 
to wjiich the gentleman from Massachusetts 
would not like long to be subjected in Texas. 

1 believe, sir, that the whole (pieslion in my 
case depends upon the action of the returning 
officers regarditig Washington county. I think 
tlie chairman of the committee has come to 
the same conclusion. Indeed, the report of 
the committee would indicate that so far as 
the armed violence of Limestone and Free- 
stone counties is concerned, the Governor 
was perfectly justified in rejecnng the votes 
of those two counties. I'liis Washington 
county is the home of the contestatit. it is 
the garden spot of the State. I have lived 
there. I know its people ; and I know there 
is in that county a Republican majority of 
1.80U or 2,000 votes. It was natural, sir, that 
this contestant should desire to c^iriy his own 
county. Unlbrtiinately for him he did not, 
but he was sullicieiiily successful to reduce 
my majority to about 201). i'o accomplish 
that result the contestant and his friends, as 
is shown by the evidence, set up two boxes, 
one on either side of the court house, one 
called "the white man's box," and the other 
"the black man's box," thus drawing a dis- 
tinction betweeti the different classes ol voters, 
"the rebel Democratic" and " tiie Repub- 
lican." It is well known that tlie contestant 
and his family are very large owners of real 
estate, and are bankers and lawyers in that 
county. The scheme was well devised and 
admirably executed. When it was discovered 
that 1 was to carry that county by a very large 
mnjoriiy these two boxes were set up, in the 
face of the protest of the district attorney, as 
shown by evidence of contestant. 

Tiie regular judge of election was driven 
from the board, and a creature of the con- 
testant, without any authority, assigned to 
preside over " the white man's box." To 
make this scheme of villainy more complete, 
the telegraphic wires leading to Austin were 
cut, in order that no knowledge of these facts 
might come to the (lovernor of the State; 
and not until they had accomplished their 
object did the friends of the contestant permit 
the wires to be replaced. In view of these facts 
sworn to and certified before the returning 
officers, the Governor of the State rejected 
this illegal white man's box and counted only 
!he regular box in accordance with the election 
laws of the State. In this, as has been said, 



13 



the Governor was perfectly justified, and he 
would have been false to himself and to the 
lo5'ai people of the district had he acted other- 
wise. The committee think differently. They 
never will be convinced to the contrary until 
they biive passed through one election in the 
Stale of Texas. I am sorry, sir, that not one 
member of the committee ever smell powder, 
or was ever under rebel fire, but I hope, sir, 
that the time is coming when they or their 
children will learn by the iron hand of experi- 
ence what ii is to live in a disloyal State. 

I regret to have occupied iheattention of the 
House so long. I have done it only in justice 
to myself and to the loyal people of the South. 
You will not hear from me very soon, prob- 
ably. Your action to-day makes that impos- 
sible. But, sir, I am coming back here. I am 
coming back to raise my voice once more in 
behalf of the rights of the people whose cause 
I have ever advocated on this door — the cause 
of loyalty and equal rights for every Ameri- 
can citizen. 

I would like to refer for a moment to the 
achievements of the Republican party in my 
Stale since it came into power. For thirty 
long years the Democracy held that State, as 
it held the other southern States, in the abject 
subjection of master and slave, slaves white as 
well as black. When that mighty incubus of 
aristocratic slave power was lifted from that 
people it sprang into a new life. For thirty 
years of Democratic rule, with millions of 
money and millions of acres of land, they 
could show leas than four hundred miles of 
railroads. With the Llepublican party in power 
in less than two years they showed over five 
hundred miles of railroad completed. For 
thirty year's there never was seen a free school 
in the whole Slate, notwithstanding the mil- 
lions of money appropriated for that purpose. 
The same men who have secured the seat here 
for my opponent stole the money which was 
to be applied to the purposes of free schools, 
exhausted the treasury, and left a debt of 
$500,000 upon the Republican party. To-day, 
in less than eighteen months after the Repub- 
lican party took control, there are over two 
thousand schools and over one hundred and 
eighty iliousand children in them. 

And more, sir. Men talk here flippantly about 
the carpet-bag governments of the South. The 
Governor of my State, the bravest, the most 
honest, the most earnest-hearted Executive in 
the South, was born in Florida, and has lived 
thirty years in Texas. The secretary of 
State, earnest, true, and determined, has lived 
there nearly thirty years. The other return- 
ing officer has lived there for more than thirty- 
five years ; and so with nearly every Slate 
otficer in Texas. They have stood up man- 
fully against every attempt to involve the 
State in debt, notwithstanding it was sought 
to be forced upon them by the Legislature, 



four fifths of whom were southern born, every 
Democrat with two exceptions voting all 
the time for every job. For the last time 
I reiterate what I have said before on this 
floor, that with all these attempts on the part 
of the rebel Democracy the State to-day 
stands belter in credit than any southern 
State. She pwes less than five hundred thou- 
sand dollars. Her bonds sell readily at par. 
Her treasury meets every demand upon it, and 
it will be the glory of the Republican party in 
the future as in the past to hold up to the 
country a recons'ructed Slate whose credit, 
whose honor, and whose integrity is proof 
against every insinuation, every unauthorized 
statement which has been made on this floor 
or in the Senate by any man, whatever his 
rank or position. 

It is true, sir, that in this contest I have 
been compelled to contest against one of the 
vice presidents of the Dolly Varden conven- 
tion, a Senator from my Slate. He has sought 
every opportunity, perhaps because I was his 
opponent for his seat in the Senate, to vilify 
and traduce me, and to hold me up to the 
execration of men who think like himself, that 
no man has any right to be born unless he can 
be born in the South. The chief and most 
earnest advocate of the very measures brought 
forward by the Legislature of the State to 
carry out the provisions of the constitution 
which he himself wrote and caused to be 
incorporated therein, when the time came for 
him to put his hands in his pocket and pay 
his share of the taxes which were necessary 
to support the measures called for by that 
constitution, he then, like all his family, loving 
money better than principle, enjoying vituper- 
ation better than commendation, soured, em- 
bittered, lonely, and miserable, without a 
friend as he says in the broad land, has made 
it his special province to vilify the State 
administration, abuse the school system, and 
has joined the rebel Democracy to assist my 
opponent and secure my defeat. 

1 have said, sir, that I go but to return, I 
shall return when men like the one whom I 
have just described shall have gone down to 
their graves unhonored, unwept, and unsung; 
when the school-house and the church will be 
seen upon every hilltop, and in evei'y valley 
throughout that beautiful land ; when the 
whistle of the locomotive shall have frightened 
from their dens forever all the Ku Klux and 
all the rebel friends of that gentleman ; when 
the three thousand miles of railroad now being 
built at the rate of two and a half miles a day, 
shall have brought to that State the industry 
and intelligence of Europe and of the gi'eat 
Northwest. Then, sir, it will not be necessary 
for the sitting member, as now, his seat being 
contested by one of the friends of the contest- 
ant, to take a pistol in one hand and a pen ia 
the other to take his testimony to vindicate 



LIBRARY OF 



CONGRESS 



14 




his cause. In ihat day there will be no sub- 
ornation of witnesses. There will be no such 
record us thai which lias been presented here 
by the contestant, Init he and all bis friends, 
unless they rer)ent and join the progressive 
party, the great Republican party, which 
believes treason odious and loyalty honorable, 
will have sunk into the oblivioji which they 
deserve. 

Mr. Speaker, I have been called a carpet 
bagger. It is true, sir, that I was born in New 
England ; that 1 drew my (ir.st breath amid 
her grim, gray clifls and mountain peaks, her 
crystal lakes, her lofty pines, her melancholy 
solitudes. More than twenty-five years ago, 
a boy of thirteen, I went out alone to tight my 
battle with the world. I learned at my mother's 
knee to hate wrong, slavery, dishonesty, and 
hypocrisy. Creeping up the old stairway many 
a day I have listened to that mother's pleading 
with the great God above us for the liberation 
of the slave and the equality of man before the 
law. I love to go back sometimes to that old 
home and to lay my head down upon the rocks 
and feel the great heart of New England beat 
up through lier granite. Honest pulsations 
are they as they come up from those rocky 
depths, and their influence is now, and has been 
felt for noihiiiK but good throughout the glo- 
rious West and Southwest, and their vibrations 
are only lost when they meet the lips of the 
waves that kiss the shores of the Pacific. 

I am proud that I am a New England man, 
but I am also an American citizen and a citizen 
of Texas. Through the terrible battle-fields 
of the war I fbuglit my way there. I believe I 
have aright to live there and wherever the old 
starry banner floats. True, I have seen that 
flag torn down over my head and burned in the 
tar barrel during my canvass ; but, thank God, 
I shall yet live to see the day when, even in 
Texas, any n)an who dares to tear down that 
flag will be hanged upon the spot and all the 
people will say "amea." 



One word more, and I have done. 

In the language of Henry Clay, until very 
recently the patron political saint of Mr. 
Greeley, the candidate of the "chamelion" 
convention at Cincinnati — 

"I announce here that I have wished the good 
opinion of the world, but I tlely the uiOst malignant 
of my enemies to show that I have attempted to 
gnin it by any low or groveling acts, by any mean or 
unworthy sacrifices, by the violation of any of the 
obligations of honor, or by a breach of any of the 
duties which I owed to my country." 

j I understand the temper of this House. You 

j cannot pass the "civil rights bill," nor can 

! you continue in force the " Ku Klux act." 

1 The loyal people of the South in the coming 

; contest, the bitterest and most vindictive ever 

I known in this country, will next fall be left to 

themselves, as they were in 18G0and 1801, to the 

mercy of their enemies, thanks to Mr. Greeley 

and his friends. But the cause of loyalty and 

freedom will triumph. It will cost blood and 

treasure, but out of the second rebellion will 

come the hero of the old army of the Teaoessee 

once more triumphant. 

The soldiers and sailors who endured so 
much and sacrificed so much in the late war 
have no use for the hot and cold philosopher 
of Chappaqua. 

"Consistency is a jewel;" the only maxim 
which the swift bailor of his country's arch- 
traitor has never learned. This maxim will 
be taught him and all like him by the peo- 
ple next November who hate treason and 
hypocrisy and who love the patriot soldier 
and the memory of their country's heroic 
dead. " Time at last makes all things even." 

" There never yet was human power 
Which could evade, if unforgivcu, 
The patient search and vigil long. 
Of him who treasures up a wrong." 

Mr. Speaker, turn out the patriot soldier, 
and swear iu the unrepentant rebel. I have 
done. 



